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Neighbourhood planning Paul Lavelle 22 October 2012.

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Neighbourhood planning Paul Lavelle 22 October 2012
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Neighbourhood planning

Paul Lavelle 22 October 2012

Localism Act, 2011Neighbourhood Plans must be “in general conformity with the strategic policies of the Local Plan”

NPPF, March 2012“Neighbourhood plans and orders should not promote less development than set out in the Local Plan or undermine its strategic policies.” (para 184)

• What is new? Real statutory weight?

• Building on the best of community-led planning

• Community-led – reduced LPA discretion

• Shaping not stopping development

Neighbourhood Planning

The Government’s view on progress

Neighbourhood planning works outside of (rural) parishes

Timescales are longer than expected: first steps often the hardest

LPAs have generally been very supportive

Strong focus on:- affordable housing- public realm- town centre regeneration

Different types of Plan emerging:- ‘mini Local Plan’- policy plans (no site allocations)- policy and allocation plans- single policy document- Neighbourhood Development Orders

Process: timescalesApplication for designation of neighbourhood area

Publicising an area application min 6 weeks

Publicising the designation of a neighbourhood area ASAP

Application for designation of Neighbourhood Forum

Publicising a Forum application min 6 weeks

Publicising (if applicable) the designation of a Neighbourhood Forum ASAP

Drafting NDP – outreach, engagement, workshops, evidence gathering, technical reports no time limit

‘Screen’ whether SEA is required and ‘scope’ with statutory bodies 5 weeks

Pre-submission consultation and publicity min 6 weeks

Produce and consult on SEA Report (if required) 6 weeks

Submission of plan proposal N/A

Publicising the plan proposal, inviting written representations Min 6 weeks

Appointment of independent examiner No time limit

Submit plan for examination; forward written representations to independent examiner ASAP

Assessment of plan against the ‘basic tests’ by written representations and/or public hearing if examiner considers it necessary to do so. Production of examiner’s report.

no time limit

Publication of the examiner’s report and plan proposal decisions no time limit

Decision on a plan proposal, including modifications in light of examiner’s report no time limit

Organise referendum no time limit

Publicising adoption of NDP as part of the development plan for the local authority area ASAP

• Vision and spatial strategy for the area – places/communities that may change, places/communities of little change – and how they fit together

• Clear statements about what is valued locally

• Policies to improve the existing place or influence new development

• Influence how investment is used locally

• Allocate sites and/or uses

• Specific projects

• Guidance to help in responding to local context

• Give information on what local needs and requirements are

What a Neighbourhood Plan could do

1. Define local character, and what should be protected, preserved and enhanced

2. What makes for quality of life in the area

3. Guidance on:• control of development• streetscape design & mgmt• detailed design in the area

4. Where improvements should be made

Norland Conservation Area draft NDP

• Make it easy for pedestrians to move freely and safely in Norland

• Manage new development in such a way as to conserve local character

• Maintain a mix of uses – try to retain small businesses

• Maintain its social diversity

• Encourage ‘civic’ pride and local involvement of individuals and organisations

Upper Eden draft NDP

Reasoned justification

Intention (objective)

Policy

27 parishes7 policies only20-page documentDraws heavily on Eden Local Plan policies

Thame draft NDP

25 objectives63 separate policies84-page draft – very detailed!

Policies on:•Housing•Working & shopping•Getting around•Leisure & well-being•Environment & sustainability•Place-making & design quality

The vision… Thame must:•continue to feel ‘compact’•continue to have a close relationship with the open countryside around it•retain its markets•continue to act as a centre for the surrounding area not just its own residents•remain attractive to its visitors

Thame draft NDP

Thame draft NDP – key areas for pedestrian/cycle improvement

Thame NDP – site development briefs

1. Intro – how the plan fits in to the planning system, how it is structured

2. A portrait of the place – description, maps, photos, consultation results

3. Vision Statement

4. Key Objectives

5. Summary of technical background / issues (map)

6. The Plan

- Key diagram(s)

- Policies – area-wide / thematic / site specific

- Community actions

7. Delivery (or a separate Delivery Plan)

- delivery mechanism and timetable for each policy & action

- monitoring of policies

Neighbourhood Plan structure

Supplementary information:• Statement of conformity• Summary of evidence• Statement of community consultation• SEA Report (if required)• Area map

The Plan must:

- Have an appropriate fit with national and local policy

- Have special regard for listed buildings and Conservation Areas

- Be compatible with EU, equality and human rights obligations

- Contribute to sustainable development

Submission of the final plan is an opportunity for consultees to provide written representations.

Examiner is appointed by the local authority, with the consent of the community.

Local authority must consider the examiner’s report and also satisfy itself that the Plan meets the basic conditions

Examiner checks the ‘basic conditions’

Making existing policy and processes work OR setting new directions

Dealing with everything, everywhere OR being selective / strategic(Balancing time/resources you have with the most important things to address)

Aspiration versus pragmatism (what’s likely to be implemented?)

Issues you can continue to monitor and control... Issues you rely on others to manage, deliver, monitor

Representing all views OR seeking a majority (accepting that some won’t agree)

A package of measures you believe is right for the place ORA package most likely to get through an Examination and Referendum

The big decisions? Finding the right balance

Questions?

• 4th Commencement Order – 6 April 2012 brought in all neighbourhood planning provisions (with exception of referendums) e.g. duty to support

• Neighbourhood Planning (General) Regulations 2012 – 6 April 2012

• designating neighbourhood area and neighbourhood forum

• preparation of neighbourhood development plans and orders and Community Right to Build Orders

• amendments to Habitats and EIA regulations (no changes required to regulations on SEA)

• Consequential amendments planned e.g. to DMPO planning register to recognise NDOs

• We are working towards ensuring that regulations on the holding of neighbourhood planning referendums will commence from summer / autumn 2012.

Progress on Legislation

The Environmental Assessment of Plans and Programmes Regulations, 2004Schedule 5. Environmental assessment is a requirement for any plan or programme which:- is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, and - sets the framework for future development consent of projects (listed in Annex I or II)

An Environmental Assessment is not required: - for a minor modification to a plan or programme - unless it has been determined under regulation 9(1) that the plan, programme or modification is likely to have significant environmental effects, or it is the subject of a direction under regulation 10(3).

Schedule 9. Where the responsible authority determines that the plan, programme or modification is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), it shall prepare a statement of its reasons for the determination.

Schedule 12. When deciding on the scope and level of detail of the information that must be included in the report, the responsible authority shall consult the consultation bodies (Countryside Agency, English Heritage, English Nature, The Environment Agency).

Where a consultation body wishes to respond to a consultation, it shall do so within 5 weeks beginning with the date on which it receives the responsible authority’s invitation to engage in the consultation.


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